(Al-‘Amili...

(Al-‘Amili, Wasail Al-Shia, vol 18, pp 106 107) \n The eleventh Imam (S) said: “ It is obligatory for the populace t o follow the jurist who refrains from committing wrong, mentions his faith, opposes carnal desire and obeys Allah’s command ” (Al-‘Amili, Wasail Al-Shia, vol 18, pp 94 95) \n As for following the fuqaha during the occultation of the 12th Imam (AF), there are many hadiths pertaining to these instructions, among which are: \n The tenth Imam, Ali Al-Hadi (S) said: “ After the occultation of your Qa’im a group of the ‘ulemah will call upon people to believe in al-Qa’im’s imamah and defend his religion by using proofs sent by Allah, so that they might save the weak minded faithful from either the deceptions of Shaitan or the deceptions of those opposed to Ali ” (Al-Ihtijaj, Al-Tabrasi, vol 2, p 260) \n In reply to a question Ishaq Ibn Yaq’ub had sent to the Imam (AF) via the second deputy: “ As far as newly occurring circumstances are concerned, you should turn (for guidance) to the n arrators of our hadiths , for they are my proof over you just as I am Allah’s proof over them ” (Al-Ihtijaj, Al-Tabrasi, vol 2, p 260, Al-‘Amili, Wasail Al-Shia, vol 18, p 101, Bihar Al-Anwar, Al-Majlisi vol 53, p 181) \nSo, we have learned three things: The knowledgeable fuqaha are to be followed, they can give Ijtihad in relevant matters and taqleed is necessary in the time of occultation.

The evidence has shown that Ijtihad is an established practice and the erudite and pious fuqaha are to be followed whenever and wherever they maybe. Below are some of the qualities a Mujtahid must have in order for him to become a Marja’ and for people to follow him: \n A Male (women can become mujtahids, but not maraji’) \nShia Imami \nAdult (baligh) \nSane \nOf legitimate birth \nJust \n Also, one cannot follow a Mujtahid who died before the person initially observed his taqleed.

However, most of the fuqaha agree that if you follow a Marji’ and he dies, you can still follow his rulings, but new issues must be referred to a living Marja’. Also, the majority of the fuqaha believe that the most knowledgeable of the mujtahids must be followed. One can also choose to not do direct taqleed but instead act on Ihtiyat (precaution). Basically, he has to view all the mujtahids rulings on a matter and act on the most precautious of them.

For more information on the rulings of taqleed, refer to the relevant book of rulings for each marja’.